Florida District Courts of Appeal, 2012

Mattear v. State

Mattear v. State
Florida District Courts of Appeal · Decided November 21, 2012 · Conner, Gross
100 So. 3d 1272; 2012 Fla. App. LEXIS 20204; 2012 WL 5869985 (Southern Reporter, Third Series)

Mattear v. State

Opinion of the Court

PER CURIAM.

The defendant appeals the denial of a rule 3.800(a) motion to correct an illegal sentence. He is correct that because his offenses were committed prior to January 1, 1994, he could not be sentenced beyond the statutory maximum regardless of the range on his guidelines scoresheet. Mays v. State, 717 So.2d 515 (Fla. 1998); Buford v. State, 870 So.2d 128 (Fla. 2d DCA 2003). As the state acknowledges, the sentencing law in effect at the time of the crimes controls. See Lamore v. State, 86 So.3d 546 (Fla. 2d DCA 2012).

Accordingly, the circuit court’s order is reversed and this case is remanded for resentencing.

Reversed and Remanded.

MAY, C.J., GROSS and CONNER, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.